anil deoram kute (Lawyer) 09 August 2016

Suggetion for filling complaint u/s 138 of n i act

whether account closed remark on cheque return memo is cover cause of action to file complaint u/s 138 of N I Act.

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3 Replies

Advocate Bhartesh goyal (advocate) 10 August 2016

Yes,cheque returns due to account closed comes under the purview of sec 138 of N.I.Act.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 August 2016

Yes very much. But only if the cheque is presented once. Subsequent presentation and dishonor does not attract 138 in cases of account closed.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

G.L.N. Prasad (Retired employee.) 11 August 2016

The normal course is to return the unused cheque leaves to Banker, when an account is closed by customer. If the Bank closes the customer account treating it as "undesirable" it also strengthens Sec.138 case. If the complaint was already issued, and if the drawer remained silent and not informed about closure of account, this suppression is suddenly most valid ground for cheating deliberately.